(2)(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor.
(b) Unlawful use of a global positioning system device is a Class C felony if, at the time of the offense, the person:
(A) Has been previously convicted of stalking under ORS 163.732, violating a court’s stalking order under ORS 163.750 or committing an equivalent crime in another jurisdiction; or
(B) Is the subject of a citation issued under ORS 163.735, an order issued under ORS 30.866, 107.700 to 107.735 or 163.738 or another court order prohibiting the person from contacting another person.
(3) This section does not apply to:
(a) A police officer who affixes a global positioning system device to a motor vehicle pursuant to a warrant or court order; or
(b) A person who affixes a global positioning system device to a motor vehicle operated by a motor carrier.
(4) As used in this section:
(a) "Global positioning system device" means an electronic device that permits the tracking of a person or object by means of global positioning system coordinates.
(b) "Motor carrier" has the meaning given that term in ORS 825.005.
(c) "Police officer" has the meaning given that term in ORS 133.525. [2017 c.649 §1]
Note: 163.715 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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